Illinois undocumented tuition aid ruled unconstitutional

A federal judge has ruled that Illinois laws granting in-state tuition and state financial aid to undocumented immigrants are unconstitutional, delivering a significant legal victory to the U.S. Department of Justice and a setback to Governor J.B. Pritzker’s immigration policies. The ruling, issued by U.S. District Judge David W. Dugan on July 24, 2026, permanently blocks the state from enforcing several statutes, finding they violate a long-standing federal statute by providing benefits based on residency to people without legal status that are not equally available to all U.S. citizens nationwide.

Judge Dugan granted the federal government’s motion for summary judgment, declaring the state’s in-state tuition rules, the Retention of Illinois Students and Equity (RISE) Act, and the Illinois DREAM Act unconstitutional as applied to individuals not lawfully present in the United States. The ruling stems from a lawsuit filed by the Justice Department in September 2025 against Illinois, Governor Pritzker, Attorney General Kwame Raoul, and several state colleges and universities.

The court found that Illinois’s policies contravened 8 U.S.C. 1623, a federal law enacted in 1996 which...